Page:United States Statutes at Large Volume 108 Part 4.djvu/648

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108 STAT. 3282 PUBLIC LAW 103-355 —OCT. 13, 1994 "(B) The right under subparagraph (A) shall expire 2 years after the date of award of the contract, or 2 years after the date of the modification of the contract, with respect to which the information was provided. "(4) LIMITATIONS ON REQUESTS FOR DATA.— The Federal Acquisition Regulation shall include reasonable limitations on requests under this subsection for sales data relating to commercial items. "(5) FORM OF INFORMATION. —In requesting information from an offeror under this subsection, a contracting officer shall, to the maximum extent practicable, limit the scope of the request to include only information that is in the form regularly maintained by the offeror in commercial operations. "(6) CONFIDENTIALITY. —Any information received under this subsection that is exempt from disclosure under section 552(b) of title 5 shall not be disclosed by the Federal Government. "(e) PRICE REDUCTIONS FOR DEFECTIVE COST OR PRICING DATA. — (1)(A) A prime contract (or change or modification to a prime contract) under which a certificate under subsection (a)(2) is required shall contain a provision that the price of the contract to the United States, including profit or fee, shall be adjusted to exclude any significant amount by which it may be determined by the head of the executive agency that such price was increased because the contractor (or any subcontractor required to make available such a certificate) submitted defective cost or pricing data. "(B) For the purposes of this section, defective cost or pricing data are cost or pricing data which, as of the date of agreement on the price of the contract (or another date agreed upon between the parties), were inaccurate, incomplete, or noncurrent. If for purposes of the preceding sentence the parties agree upon a date other than the date of agreement on the price of the contract, the date agreed upon by the parties shall be as close to the date of agreement on the price of the contract as is practicable. "(2) In determining for purposes of a contract price adjustment under a contract provision required by paragraph (1) whether, and to what extent, a contract price was increased because the contractor (or a subcontractor) submitted defective cost or pricing data, it shall be a defense that the United States did not rely on the defective data submitted by the contractor or subcontractor. "(3) It is not a defense to an adjustment of the price of a contract under a contract provision required by paragraph (1) that— "(A) the price of the contract would not have been modified even if accurate, complete, and current cost or pricing data had been submitted by the contractor or subcontractor because the contractor or subcontractor— "(i) was the sole source of the property or services procured; or "(ii) otherwise was in a superior bargaining position with respect to the property or services procured; "(B) the contracting officer should have known that the cost or pricing data in issue were defective even though the contractor or subcontractor took no affirmative action to bring the character of the data to the attention of the contracting officer;